9911796707
TMI Blog2018 (3) TMI 449X X X X Extracts X X X X X X X X Extracts X X X X ..... d. From the record available we notice that certain portion of the original factory continued to exist in the name of M/s Mahabir Steel Tubes on the date on which the unit was taken over and subsequently shifted. The benefit of exemption will be available to the new unit provided they are able to satisfy the revenue authorities that it is the same machinery which has been shifted to the new premises. The relevant Chartered Engineer’s Certificate furnished by the appellant does not appear to have been considered and discussed by both the authorities below. The matter remanded to the Original Authority for considering the observations as above and to pass de novo orders on the subject - appeal allowed by way of remand. - E/50725/2017-E ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 10/06/2003. The appellant also claimed benefit of Notification 50/2003 but the same was denied by both the Revenue authorities below. The Revenue had taken the view that the entire premises was occupied by M/s Mahabir Steel Tubes was leased to M/s Wonder Fibromat Pvt. Ltd and the original unit was not functioning on the date when the same was taken over by the present appellant. Accordingly, the benefit of Notification was denied. Aggrieved by the impugned order, present appeal has been filed. 3. With the above background we heard Shri R.M. Saxena, Ld. Counsel for the appellant and Shri H. Saini, Ld. DR for the Revenue. 4. The Ld. Counsel for the appellant submitted that the Revenue has proceeded on the wrong assumption that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es and perused the record. 7. In connection with the Notification 50/2003 the CBEC vide Circular dated 17/02/2012 has clarified the circumstances in which the notification benefit will continue to be available. The Circular provides for shifting of the unit which is availing such benefit to some other area which also is notified under the same notification. The circular makes it clear that the benefit cannot be denied for on account of such shifting. The circular also provides for cases in which the ownership of the unit is changed and taken over by another unit. In such cases also the benefit cannot be denied to the purchaser of the original unit. 8. In the present case, both circumstances co-exist. The present appellant has purchase ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
